Terms & Conditions

Terms of Service

Welcome to Aesop! These terms of service govern your use of our products. References to our products in these terms of service refer to all of our products and services, including any apps, websites, and software.

In addition to these terms, we publish a Privacy Policy that describes how we process, collect, use, and protect your information.

Our Mission and Business Model

Aesop was founded to democratize the commercial power of great names and the stories they tell.

At scale. Cost-effectively. With confidence.

And in a way that helps businesses sharpen how they express their vision.

We offer free educational content and paid products and hope you’ll purchase one of our paid products. We don’t sell your data.

Who We Are

Aesop products are provided by Made by Aesop LLC, a New Jersey limited liability corporation. For more information about Aesop, please visit https://www.namesbyaesop.com. Througout these terms and our Privacy Policy, “Aesop”, “We”, “Our”, “Us” refers to Made by Aesop LLC, its related parties, and its employees and representatives.

Refunds: Refunds are issued if they are required by law.

You own your User Content; Aesop doesn’t own it. To provide our products to you, we need your permission (in legal language, a license) to use your User Content.

You grant us a license to your User Content for the limited purposes of:

Operating, providing, improving, troubleshooting, and debugging our products (for example, your acceptance or rejection of suggestions may help train our naming engine);
Protecting our products (for example, to analyze patterns in usage to prevent abuse);
Customizing our products (for example, to create personalized suggestions for you);
Developing new products or features; and
Using information you upload or provide to us to tailor marketing materials for you.

The license you give us is only for the above purposes. That means we will not, for example, sell or license your User Content to third-party data brokers.

The license you grant us is:

Worldwide (so you can access your User Content from anywhere in the world);
Non-exclusive (meaning you own your User Content and can also license it to other people or companies);
Royalty-free (meaning we don’t pay you for it); and
For as long as intellectual property laws protect your User Content.

The license you give us allows us to—solely for the purposes outlined above—store, reproduce, use, publish, and publicly display (to show your User Content to you), modify, and create derivative works of (such as providing suggestions) your User Content. The license you give us also permits our service providers to assist us in doing this.

Aesop does not own, control, verify, or endorse User Content. You are responsible for all of your User Content. That means you should back up all your User Content and not do anything illegal or harmful with it (including violate any intellectual property or trade secret laws).

You may provide input to Aesop products (“Input”), and receive output generated and returned by Aesop products based on the Input (“Output”). Input and Output are collectively “Content.” As between the parties and to the extent permitted by applicable law, you own all Input, and subject to your compliance with these Terms, Aesop hereby assigns to you all its right, title and interest in and to Output. Aesop may use Content as necessary to provide and maintain the Services, comply with applicable law, and enforce our policies. You are responsible for Content, including for ensuring that it does not violate any applicable law or these Terms.

Due to the nature of machine learning, Output may not be unique across users and Aesop products may generate the same or similar output for Aesop or a third party. Output generated for other users is not considered your Content.

Our Intellectual Property Rights and License to You

Our products are protected by copyright, trademark, and other laws. Except for this limited license, we reserve all right, title, and interest in our products, trademarks, logos, and other brand features. We welcome feedback, but you agree that we can use that feedback without restriction or any obligation to you.

Limitations on Use and Responsibilities

Acceptable Use Policy. You must comply with our Acceptable Use Policy when you use our products.

Keeping your account information up to date and safe. You are responsible for safeguarding your password to our products. Don’t share your account credentials or give others access to your account. We will use your account email address to contact you about our products, so you must ensure that your account information stays current.

Minimum age requirements. To use our products, you must be at least 13 if you reside in the United States and 16 if you reside anywhere else. If the law where you reside requires that you are older for us to lawfully provide our products to you without parental consent (including using your information), you must be that age. You may not use our products if you don’t meet these age requirements.

Termination

We reserve the right to suspend or terminate your access to our products with notice to you if:

(a) you have breached these terms or our Acceptable Use Policy, or

(b) you use the products in a manner that would cause a real risk of harm or loss to other Aesop users or us.

Before suspending or terminating your account, we’ll (1) provide you with reasonable advance notice via the email address associated with your account so you can try to remedy the activity that prompted us to contact you and (2) allow you to export your results from our products. If you fail to take the steps we ask of you after such notice, we’ll terminate or suspend your access to our products.

We won’t provide notice before termination where we believe that:

(a) you’re in material breach of these terms or our Acceptable Use Policy,

(b) doing so would cause us legal liability or compromise our ability to provide our products to our other users, or

When this agreement terminates for any reason, all the sections one would expect to survive will survive, including, but not limited to, “Warranty Disclaimers,” “Limitation of Liability,” “Resolving Disputes,” “Miscellaneous Legal Terms,” “Our Intellectual Property Rights and License,” and “Paid Accounts.” The termination of this agreement doesn’t affect any amounts owed before that termination.

Discontinuation and Modification of Products

We are continually changing and improving our products, and we may add or remove features or functionality. If we discontinue a product, where reasonably possible we will give you reasonable advance notice and a chance to download your stored User Content.

Open Source Software, Reverse Engineering, and Automatic Updates

To the extent any component of our Software may be offered under open-source license terms that we make available to you, the provisions of open-source licenses may expressly override some of these terms.

Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile our products, attempt to do so, or assist anyone in doing so. Our products may update themselves automatically to ensure you’re using the latest version.

Third-Party Websites

Any links to third-party websites or apps are provided for your convenience only and are subject to the third party’s terms. Aesop isn’t responsible or liable for those websites, products, or services.

Beta Products

We sometimes release products and features that we are still testing and evaluating. We will mark these products with the words “beta,” “preview,” “early access,” or “evaluation” (or with words or phrases with similar meanings). If you decide to use them, please remember that they may not be as reliable or as thoroughly tested as our other products. To improve and evaluate these products, we will log and analyze information about how you use and interact with them.

Warranty Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AESOP, ITS AFFILIATES, AND ITS AND THEIR SUPPLIERS AND DISTRIBUTORS (COLLECTIVELY, THE “AESOP ENTITIES”), EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING OUR PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, OR REGARDING SECURITY, QUIET ENJOYMENT, RELIABILITY, TIMELINESS, AND PERFORMANCE. YOU AGREE THAT YOUR USE OF OUR PRODUCTS ARE AT YOUR OWN SOLE RISK AND THAT OUR PRODUCTS ARE PROVIDED ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE,” “WITH ALL FAULTS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE AESOP ENTITIES DO NOT WARRANT THAT THE OPERATION OF OUR PRODUCTS WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED OR ERROR-FREE. AESOP’S AFFILIATES AND THE AESOP ENTITIES’ SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THIS SECTION.

Limitation of Liability

IN COUNTRIES WHERE LIABILITY LIMITATIONS ARE ALLOWED, IN NO EVENT SHALL THE AESOP ENTITIES BE LIABLE WITH RESPECT TO THE PRODUCTS FOR (I) ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES YOU HAVE ACTUALLY PAID TO THE AESOP ENTITIES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT(S) GIVING RISE TO SUCH LIABILITY; (II) ANY LOST PROFITS, LOST OR DAMAGED CONTENT OR OTHER DATA, OR FAILURE TO MEET ANY DUTY, INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE; OR (III) ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.

YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN AESOP AND YOU. YOU UNDERSTAND THAT OUR PRODUCTS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

Certain countries and states don’t allow the limitation of certain damages, so some or all of this limitation of liability may not apply to you, and you may have additional rights. In that case, you agree that the Aesop Entities’ liability is limited to the maximum extent permissible in your country of residence.

IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THESE TERMS. AESOP’S AFFILIATES AND THE AESOP ENTITIES’ SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THIS SECTION.

Resolving Disputes

Let’s try to sort things out first. Before filing a claim against Aesop, you agree to try to resolve the dispute informally by contacting [email protected]. We’ll try to resolve the dispute informally by contacting you via email. If you and we cannot resolve the dispute informally, then a party seeking to bring a formal proceeding must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Aesop should be sent to: PO Box 637, Saddle River, New Jersey, USA, 07458, Attn: Legal Department. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Aesop and you do not resolve the claim within sixty (60) calendar days after receiving the Notice, you or Aesop may commence a formal proceeding.

Judicial forum for disputes. You and Aesop agree that any judicial proceeding to resolve claims relating to these terms or our products will be brought in the federal or state courts of Essex County, New Jersey, subject to the mandatory arbitration provisions below. Both you and Aesop consent to venue and personal jurisdiction in such courts. If you reside in a country with laws that give consumers the right to bring disputes in their local courts (for example, European Union member states), this paragraph doesn’t affect those requirements.

IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

We both agree to arbitrate. You and Aesop agree to resolve any claims relating to these terms or our products through final and binding arbitration by a single arbitrator, except as set forth under “Exceptions to agreement to arbitrate” below. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provisions” section, including its enforceability, revocability, or validity.

Opt-out of agreement to arbitrate. You have the right to opt out of these arbitration provisions (and any future changes to arbitration provisions) by emailing [email protected] within 30 days of agreeing to a version of these terms containing arbitration terms (however, if you agreed to a previous version of these terms of service that contain an arbitration provision, you are still bound by those arbitration provisions).

Arbitration procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Essex County, New Jersey, or any other location we agree to. During the arbitration, the amount of any settlement offer made by Aesop or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Aesop is entitled.

Arbitration fees and incentives. The AAA rules will govern the payment of all arbitration fees. Aesop will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

Exceptions to agreement to arbitrate. Either you or Aesop may assert claims, if they qualify, in small claims court in Essex County, New Jersey, or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the products or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in Essex County, New Jersey, to resolve your claim.

NO CLASS ACTIONS. You may only resolve disputes with us individually. That is, you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.

Severability. If the “NO CLASS ACTIONS” paragraph is held unenforceable, then the entirety of this “Mandatory Arbitration Provisions” section will be deemed void. If you are found to have a non-waivable right to bring a specific claim or request a specific form of relief that an arbitrator lacks the authority to redress or award under this “Mandatory Arbitration Provisions” section, including public injunctive relief, then only that particular claim or request may be brought in court, and you and we agree that litigation of this claim or request will be stayed pending the resolution of any other claims or requests for relief in arbitration.

Controlling Law

New Jersey law will govern these terms except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer’s country. This paragraph doesn’t override those laws.

Miscellaneous Legal Terms

Entire Agreement

These terms make up the entire agreement between you and us, regarding your use of our products. They supersede any prior agreements.

Waiver, Severability, and Assignment

Aesop’s failure to enforce a provision is not a waiver of its right to do so later. If a provision (other than the “NO CLASS ACTIONS” paragraph) is unenforceable, the remaining provisions will remain in full effect, and an enforceable term will be substituted with the goal of reflecting our intent as closely as possible. You may not assign any of your rights or obligations under these terms, and any such attempt will be void. Aesop may assign its rights to any of its affiliates or subsidiaries or any successor in interest of any business associated with the products.

Modifications to These Terms

From time to time, we may revise these terms to, for example, reflect changes to the law, new regulations, and changes to our products.

If an update significantly negatively affects your use of our products or your legal rights as a user of our products, we’ll notify you before the update’s effective date by sending an email to the email address associated with your account or via an in-product notification. We will give you at least 30 days after that notice before the update takes effect.

We may also update these terms in ways that won’t significantly negatively affect your rights. For example, we may change the feature or product names or change the email address you can use to contact us. In those cases, we will post the change to our website and link to the previous version.

If you don’t agree to the updates we make, you must cancel your account before they become effective. Where required, we’ll offer you a prorated refund based on the amounts you have prepaid for our products and your account cancellation date. By using or accessing the products after the updates come into effect, you agree to be bound by the revised terms.

How Does Aesop Use Personal Information?

We use your information to provide, build, protect, improve, and promote our products.

The way we use your information depends, in part, on how you use our products and what preferences you set.

We use your information for the following specific purposes:

Providing Aesop products to you. We use data to operate our products and provide a rich, interactive experience.
Personalizing Aesop for you. We use personal information to tailor your Aesop experience and enhance your communication abilities. For example, based on your user feedback, we may augment the sequence of names are shown.
Providing support to you. We need personal information to resolve issues that you encounter with our products. For example, if you contact our support team, we may need access to account information in order to respond to your request.
Troubleshooting and debugging our products. We need data to resolve technical issues that arise with our products. For example, we use log data to track outages.
Building and improving our products. We’re continually developing new methods to make our products smarter, faster, more secure, and more helpful. We use data to help us do so. For example, we refer to usage data to help us decide what new features to build. We also use tracking software provided by Hotjar Ltd.
Processing payments. If you are a paying customer, we need payment information to enable your transaction.
Promoting our products. We use data to send promotional communications. For example, depending on your location, we may use account information to send you marketing emails about new products or offers, from which you can unsubscribe.
Ensuring our and our users’ safety and security. We need personal information to protect Aesop against fraud and abuse. For example, we may need to use your account information to verify your activity and protect against malicious, deceptive, or illegal activity.
Supporting and selling our products. We use sales and support data to promote and sell our products to you and to provide you with support. Some of these activities are provided by service providers with whom we have contracted.
Complying with legal obligations. We use personal information where required by law or where we believe it is necessary to protect our or others’ legal rights. For example, we may process account information to help you exercise your data protection rights.

We use automated and manual processing techniques when using information for these purposes. Our automated methods include artificial intelligence (AI), which is a set of technologies that allow computers to perform tasks that would typically require human knowledge and intelligence. Our manual methods frequently work in conjunction with, and support, our automated methods, and all of our data handling is subject to the security practices provided by the world’s leading cloud computing infrastructure providers, including Amazon Web Services.

Aesop retains personal information for as long as necessary to provide our products to you, to complete the transactions you have requested, or for other legitimate purposes such as to comply with our legal obligations or resolve disputes.

When it comes to user content, by default, we process user content associated with your account to provide services to you. After that, if you did not choose to retain that content, we either delete or de-identify it.

With Whom Does Aesop Share Personal Information?

We don’t sell your personal information. We do share your information with certain third parties, as described below, to provide, build, protect, improve, and promote our products and as required by law.

Trusted service providers. We use service providers like Amazon Web Services to provide, protect, promote, and improve our products. These trusted third parties are bound by agreements that require them to follow our data privacy and security requirements and only use your data in the way we tell them to.
Government agencies, regulators, and other authorized third parties. We may disclose your information to governmental agencies, regulators, and other third parties if we determine that such disclosure is reasonably necessary to (a) comply with any applicable law, regulation, legal process, or appropriate governmental request; (b) protect any person from death or serious bodily injury; (c) prevent fraud, harm, or abuse of Aesop or our users; or (d) perform a task carried out in the public interest.
An acquirer of Aesop’s business or assets. In case of a merger, sale, or reorganization of all or part of our business, information covered by this policy may be transferred in connection with that deal. We’ll notify you (for example, via a message to the email address associated with your account) of any such deal and outline your choices in that event.
With your consent or otherwise at your direction. If you consent to share your personal information or otherwise direct us, we may do so.

Does Aesop Collect Personal Information from Children?

To use our products, you must be at least 13 if you reside in the United States and 16 if you reside anywhere else.

We encourage parents and legal guardians to monitor their children’s internet usage and to help enforce this Privacy Policy by making sure that their children do not provide personal information through our products.

If we determine we have collected personal information from a child younger than 13 years of age in the United States, or 16 years of age elsewhere, we will take reasonable measures to remove that information from our systems.

Exercising Your Data Rights

You have a number of ways to interact with the personal information that Aesop processes, including requesting a record of your information, updating or correcting it, and deleting it.

Request a personal data report. You can submit an access request for your data by emailing [email protected].
Correct or update your data. You can update your name, email address, and language preference through your Aesop account settings.
Stop us from processing your personal information. You can ask us to stop using your personal information for marketing emails by clicking “unsubscribe” on the emails you receive.
Delete your data. You can remove your personal information from Aesop by emailing a request to [email protected].
Lodge a complaint. If you’re based in the EEA, Switzerland, or the UK and think that we haven’t complied with data protection laws, you have a right to lodge a complaint with your local supervisory authority.

What Other Policies Apply to the Use of Aesop’s Products?

When you use Aesop’s products, your use is subject to our Terms of Service and Acceptable Use Policy. Our Terms of Service include provisions governing how to resolve disputes, our limited warranties, and limitations on damages.

When and How Will Aesop Update this Policy?

We stand behind the promises we make and will never materially change our policies and practices to make them less protective of your information without giving you advance notice. You must keep your email address up to date because we may use that email address to provide you with notice of any updates. We may also provide an update via an in-product notification. When our business or privacy regulations change, we will update this Privacy Policy accordingly. You should check this Privacy Policy page to see recent changes.

Contact Information

You can contact us with any questions relating to this Privacy Policy by emailing [email protected], or by contacting us via postal mail at Made by Aesop LLC, PO Box 637, Saddle River, New Jersey, USA, 07458, Attn: Legal Department.